no noise possible complaints it's in the nature of what's going to happen there is perfectly suitable to the neighborhood. i live there. i feel in love are san francisco in 92 and i'll support any live event. i was open here for the studios and i'm still here and a lot of the old school and folk are here. and, you know, i've always thought that was great and it's the first place i fit. and this would really restore any costs in san francisco. thank you >> thank you. thanks very much. i live on the very block where

this establishment is going to have this license. at the risk of coming off as a schizophrenic i'm here to support this twice. i've lived on the block and i absolutely support john luke. he's done on outstanding job. but prapsz more popular as the co- founder of the society in hayes valley we've come here today with 1 hundred and 41 signatures. he's clearly checked off all the boxes they came to him. so to make a extort story long we'll stop there but personally speaking we wholeheartedly

support this. >> i'm ron. >> hi how are you i. >> i'm a former police san francisco. i live across the street from this club actually. my families been in that area for over 50 years. i don't have a whole lot to is but i think it's about time with all the radiance in that area i think it's time to have a little bit of music and something in there some jazz and something smooth. so i hope you'll approve this. thank you >> thank you (clapping). >> any other public comment?

on this issue. no seeing none, public comment is closed. audrey >> well, i was go back to let stephen do this. >> i'll second it. >> and there are no police conditions. >> so to approve (calling names) (clapping). >> congratulations. we're going to move on to 7 e getting close to the end. martha doing business as as a limited live performance on 2728 street. >>? a new operator that's taken

over the mission landmark. and was over and over music and holding fundraiser, however, since is patriarch passed away they want to utilize the space. it's a little bit confusing and the station has some concerns regarding other permits you'll find in our packet a lot of support. we received one letter of opposition if you can't find it i have it here >> i don't understand we gave sanchez a permit they're bringing in a vendor to operate the kitchen and why are we

issuing a new permit. because - >> because if the restaurants the registered business for that location is a new business and it triggers a new business. >> so the restaurants is registering. >> so in other words, it's not that the sanchez people kept it to operate the kitchen they actually sold the business but are going to stay on to operate the entertainment. >> it's their building. >> they sold the business but not the building. >> thank you for clarifying that. >> you're welcome to address the commission.

>> hi. i've been there about a year and i'd like to have my permit because i have, you know, i'd like to have birthday parties in the back patio and other things for the community. and that's why i would like a permit for the back for the business. sorry i'm nervous not a good speaker >> you're doing fine. go ahead commissioner >> i just wanted to say i'm sorry for your loss. >> any questions from other commissioners. >> yes, so there was a permit there already. >> yes, just under a different name and it was she mentioned back patio and a at the time, we the limited live permit didn't

cover the back patio. >> but now it will. >> yeah. if he approve it. >> thank you. >> can we hear any other questions from the commissioner before the police. >> how often are you planning on having events in the back patio. >> no so many because you know, we get people that would like to have one and since right now sometimes, i have to say no. okay. but we're not a planning for a lot just having a little bit more income coming in. >> it's a way. >> can you speak into the microphone. >> we don't want to do more than 34 a month. it's only seasonal after november it's raining or too cold to have something there and a thank you and so you were

running it when we granted it last year. so this is the same arrangement you had with the neighbors we're just transferring over. and the new applicants is okay with that? >> all right. is any police here to speak to this. okay hello, hello >> good evening. it's been so long how is everybody >> i like our hair. i should have had dinner before i'm low blood sugar. i had the opportunity to meet with the applicant and discuss the conditions that i specifically tolerated to this l l the only one's one through 5 or

2 and 5 is stem from histories of sound complaints primarily coming from one individual in particular a neighbor as well as their inability so play within the permit rules completely in the past. they had the l lp which didn't include the patio and some noise complaints are from the patio a boom box and when the entertainment was in the interior the doors and windows were open. and more recently abc related issues that is not in our wheel house of having to respond to but they were sharing their 41 liquor license and martha was

using that. the reason for number 2 is that if and this is to protect as well as to prevent any issues here it goes. number 2 if a sound complaint comes along from the neighbor and the police respond and is okay. what's an agencyable sound level like a 5 on the dial. anticipate the police leave and they get a call from the same neighbor saying the noise is back or disturbing. then we go back and see oh, the noise level has or hat not

changed and if it hadn't it's noted and the noise was the same 108 which means anyways it doesn't matter. but if the noise adjustment was lourtd then we say we're done for not necessary. i spoke with them about that specifically and they understood way meant. and number 5 because again of this new l o p goes to the patio space because they have an closed patio space we discuss that to stop at the 9:00 p.m.

they've been comfortable with that. lay it on me and a sorry commissioners >> so why do you want the power to stop it immediately and secondly like number 2. >> the power. >> and is other part are you getting complaints from several neighbors or one neighbor as you stated. >> the first part of that when the police responds to a call and it's an infrastructure and they go back to it, it's called a continuing offense we we have the right to cite. i'm trying to eliminate this neighbor back and forth stuff trying to eliminate calls for service. that sort of stuff. we would have the right if we

were to get several complaints i'm making is clear this helps them to because if we come back and it says, you know, look we haven't changed anything. >> but i'm wondering. i'm trying to think of what the balance of power is. then it sounds like the neighbor has the power to complain and control. at least that's what it's sounding to you >> it may sound like that but that's exactly what i'm trying to prevent that. okay. so this neighbor calls and there's a problem and we agree upon a assigned level and that same neighbor calls back and there's no change in the level of sound we're going to not do this back and forth.

we're going to document when it's clear that someone is calling excessly. in terms of police terms when there's a caller that calls excessively they get a disregard and it's done >> commissioner joseph. >> so i know - >> there's a second part. >> how do you know that the cops in the car will know what you're intention is? >> i think it says it pretty clear. let me read this and how would the individual officers answering the calls it's not going to be you; right? and a no >> and the guys. >> that's a good question.

my intention because hopefully, they'll have those conditions on hand to - >> to show the police. >> to show the police. agreed to accept a level of the denomination of the performance agreed upon. so and so those officers go out and those same officers within the same timeframe not an overlapping issue >> i know sometimes we start in. >> go ahead commissioner lee. >> i want to give you an example. a person can carry thirty sharpest on them and not be arrested but there are several places in the neighborhood there are a lot of drops of syringes but even though it's a state law

those people not be harassed and the reason i question it people still for better or worse there's issues with this type of enforcement that i see >> my intention of rating it the way i'm writing it is those folks who are trying to put on a show are just as protected as the person who complains. if we get continuous complaints about a problem we have the right to shut it detain anyway and kite as a infraction. however, those folks who are running the sounds are being responsible and they let the sound level agreed b upon if

there's a complaint the police say oh, this is good and not excessive and they cock it protects them as well. if there's a complaint and it's continuous we can shut it down. i'm trying to help the applicant >> we have a comment from commissioner lee and others. >> the question here is i know you're trying to help them out in a sense. i'm reasoning as we have an inspector we need to a have a record. so if their intentionally or unintentionally raising the volume i'm saying if it's a chronic problem we have to be notified so we have a record.

the ac can kite but i'm thinking >> we can strike it or shut them down. i'm trying to work this out (laughter) >> but i'm trying to help them to, yes to answer our question one person out of the one year history that i ran called about 90 percent of the time. >> no, i get it you want to keep a record of whether she's over reacting by at the same time does the officers have a d b meter on them. >> actually there's a one d b meter in the san francisco station. we're going to call one inspector out and i'm going to

get it to the japan town >> we set a d b level for outside and see if their sewer passing that. >> we don't have it. >> but we can send our staff out on days they have birthday parties and set that level. there's cases throughout the city and your emphasizing that's important we can set policy here. it's hard to say we have a fluctuating policy on inclusive officer is on duty. i don't know if that's the solution >> can i make a suggestion. how - can we do it this way. your offices don't have d b

meters and they have no idea even if it's set. they have bands >> a little bit of everything. >> and do we know if very have a house system or do people bring in the systems? they bring in the systems that were all your officers can do is set volumes they can set the levels and if the volume is a different level that's all they can do await the equipment if we agree to number 2 >> i really wrote this with the thought of you have both parties in mind and specifically. >> i get it by legally there's no way for you to make a determination. >> no. >> if the sound is higher or

lower since different instruments make different so you think so so all your officers can do is set the level for the volume. so if he were to go ahead and do this it would have to be set at different levels not the same thing >> does that make sense to everybody. >> there are still two standing comments. >> i think my question got answered. i.e., was going to ask how your officers are going to determine if the noise it up and down. someone can change the volume back down and once is police leave turn it up >> exactly it's a try. it's a college try. >> more than a college try.

>> like a nice friendly amendment. >> i was wondering if even the officers would have gone to the complainants home. >> you know a lot of times they ask for a 9089 they would go directly to the source. i ran up all thecarditis and there's some that question a 9089 or an unanimously. when you have an unanimous complaint you're not holding a lot of water like water from new york >> because they would be lowering is volume kind of randomly that were exactly so to answer our question if the person claiming wants to meet

with the people we would. >> all right. number 5. so we already said that one. that's the friday and saturday to 89 p.m. and all the times inside. >> great. >> right thank you. >> any other clarifying questions or comments. >> yeah. i have one sorry real quickly. are they not open on sunday increase you're open on sunday >> yeah, that's a clerical error. >> so friday and saturday are you friday or friday through sunday increase friday through sunday. >> all right. ron or kim or staff wants to say

something. >> i have a question about sundays because sundays that baptist ichlz. >> i'm going to open it up for public comment and we have the police. >> i'm trying to move this meeting on. >> i'm inspector keller. myself and officer went to the business on august 6th. i'm asking that you give this premise a continuance because i think they have a hard time following any instructions whether from the health department or the abc or business licensing are the abc

went out that on march 15th of this year cited them and seized a lot of evidence in regards to olds spirits being served there. they they have is a type of 41 which allows them to serve beer. i guess they have a hard time following directions because we found mixes and tequila and they said the liquor was $5. the business permits it was hard for her to find them they expired on june 30th of this year. but later on she showed us a receipt showing they made their

business permits okay although they don't have anything posted. they've already been had several visits by the health department and we called the health department and they met us on that day. prior to that day they had over 25 health issues that hadn't been corrected. i will ask for a continuance but i don't think they understand instructions. and i think they need to get all the rest of their business in order before they even have people over for some sort of entertainment. >> good evening officer. i believe they're trying to facilitate with the business and

the community and helping the business to him come to terms what laws are and conditions as well as the codes. they haven't followed any as inspector keller has described to you. there's two incidents which the abc considers open investigation. beyond that like i said officer is trying to do the connection between the community and the business owners >> i have a question. so is it not true there is a new person running the restaurants and taking care of of the alcohol and food? >> the alcohol license was under sanchez.

that expired on march 15th when the absence absent went over there and said, you know, who's running it your alcohol license has to be put under the owner of the popcorn owning that restaurants. martha said she would take care of that. i talked to a her on the telephone i toddler to take care of that >> the sanchez is no longer running the alcohol part. >> the food part is being leased by marketing. >> they're still returning the alcohol? >> i understand that the new

permitted on august 6th shows that sanchez still holds the alcohol license and the other lady is leasing is food part of it so it's kind of a partnership. >> let's clarify this. with staff and with you darcy. so am i given to understand the business changed hands. the business the whole business did the business get sold? the business has changed hands >> the business has changed hands and the business is food and beverage correct? to the business when i changed hands a real estate transaction also bought the liquor license? >> no. >> so have you hired margaret

sanchez as the caterer alcohol in our premises. >> come on up margaret. >> we applied for a permit as a lesee and i'm the one who services the drinks i have to be there for all the events so i'm also there serving the drinks. the second thing there are not two violations. we serve margaritas. everybody on say pictures was completely legal so no problem with that. and there's no problem with the margaritas >> so it's the premix